LARRY CHARLES, PETITIONER,

v.

LARRY HARRY, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT CAMP HILL, ET AL.

Citator

Cited By (13 total)

• Reynolds v. State, 251 So. 3d 811 (Fla. 2018)
  …right to jury factfinding by waiving that right and then suggesting that a subsequent development in the law has fundamentally undermined his sentence." Mullens v. State , 197 So. 3d 16, 40 (Fla. 2016), cert. denied , [--- U.S. ----], 137 S.Ct. 672 [196 L.Ed.2d 557] (2017). Id. Following the reasoning of Mullens , Reynolds-similar to Jones and Mullens-waived his right to jury factfinding on mitigation under the Sixth Amendment. Because he waived that right, he cannot now claim a harmful error for the lack of…
• Kaczmar v. State, 228 So. 3d 1 (Fla. 2017)
  …efendants have who were not afforded Hurst relief. See Mullens v. State, 197 So. 3d 16 (Fla. 2016) (finding that Hurst is not applicable to defendants who waived the right to a penalty phase jury), cert. denied, No. 16-6773, — U.S. —, 137 S.Ct. 672, 196 L.Ed.2d 557, 2017 WL 69535 (U.S. Jan. 9, 2017). This case in particular is distinguishable from other cases where this Court found the Hurst error harmless beyond a reasonable doubt based on a unanimous recommendation of death from the jury because the jury he…
• Hannon v. State, 228 So. 3d 505 (Fla. 2017)
  …he right to present mitigation altogether, Kaczmar v. State, 42 Fla. L. Weekly S127, — So. 3d - (Fla. Jan. 31, 2017) (mitigation waiver); Mullens v. State, 197 So. 3d 16 (Fla. 2016) (penalty phase jury waiver), cert. denied, — U.S. —, 137 S.Ct. 672, 196 L.Ed.2d 557 (2017). . Hurst v. State, 202 So. 3d 40, 59-60 (Fla. 2016), cert. denied, — U.S. —, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017), . I recognize that the United States Court of Appeals for the Eleventh Circuit also denied relief on Hannon’s claim that “c…